On October 30, 2023, the Biden administration issued its long-awaited artificial intelligence (AI) executive order (EO), which issues directives to over 20 federal agencies, with the deadline for implementation spanning...more
11/13/2023
/ Artificial Intelligence ,
Biden Administration ,
Critical Infrastructure Sectors ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Draft Guidance ,
Executive Orders ,
Hiring & Firing ,
Machine Learning ,
NIST ,
OMB ,
Popular ,
U.S. Commerce Department
Key Points -
The Biden-Harris Administration has issued its long-awaited executive order (EO) regulating artificial intelligence (AI). The order issues directives to over twenty federal agencies, with the deadline for...more
Key Points -
Fifth Circuit Court of Appeals ruled that the DACA program violates the Administrative Procedure Act.
Court remanded the case to the District Court in light of the newly published DACA regulation....more
Key Points -
USCIS’ deauthorization of previously approved EB-5 Regional Centers has been rescinded, and the EB-5 program is once again active.
EB-5 investors will no longer be required to wait several months for...more
In February 2022, the House passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science (COMPETES) Act, a legislative package that invests in research, innovation and...more
Key Points -
As part of highly coordinated U.S. government and allied and partner country responses to Russia’s further invasion of Ukraine, and Belarus’ enabling of it, BIS imposed on February 24, 2022, and March 2,...more
Key points -
H-1B lottery will be open from March 1 until March 18, 2022.
There will be no changes from last year’s lottery rules...more
Key Points -
U.S. embassies and consulates abroad may now waive many in-person appointments for U.S. visas.
Visa applicants for in-person appointment waiver must have a previously issued visa or previous travel to the...more
In this episode, Akin Gump public law and policy partner Ed Pagano, senior policy advisor Casey Higgins and international trade counsel Maka Hutson discuss the Biden comprehensive immigration bill currently on Capitol...more
The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif.
The bill is a key element of the president's...more
4/6/2021
/ Biden Administration ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Legislative Agendas ,
Undocumented Immigrants
Key points:
- H-1B lottery will be open from March 9 until March 25, 2021.
- There will be no changes from last year’s lottery rules.
- Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more
Key Points
- DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court.
- Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more
12/7/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Interim Final Rules (IFR) ,
Presidential Proclamations ,
Prevailing Wages ,
Trump Administration ,
Visas ,
Wage and Hour
- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels.
- DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees.
- DOL significantly raises...more
10/23/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Interim Final Rules (IFR) ,
Preliminary Injunctions ,
Prevailing Wages ,
Specialty Occupations ,
Trump Administration ,
Visas ,
Wage and Hour
- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended.
- Proclamation does not apply to anyone currently in the United States.
- Proclamation does not apply to anyone who already...more
6/23/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA.
- The DACA program is restored to its full form, as it existed prior to the rescission in 2017.
-...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
- Proclamation only suspends entry of applicants for an immigrant visa (“green card”) who are currently outside the United States.
- Proclamation does not apply to anyone currently in the United States.
- Proclamation...more
- Foreign visitors and employees can extend or change their immigration status.
- DHS relaxes requirements for original documents and original signatures.
- DHS offices are closed to the public but continue to...more
4/21/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Signatures ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Workers ,
Form I-9 ,
Passports ,
Remote Working ,
Time Extensions ,
Travelers ,
US Department of State ,
USCIS ,
Visa Applications ,
Visa Waiver Program ,
Visas
- Most U.S. Embassies and Consulates around the world have suspended visa services and cancelled visa interview appointments.
- Individuals traveling to the United States on a Visa Waiver Program that are subject to the...more
- On March 11, 2020, President Trump issued a Presidential Proclamation restricting the entry of certain travelers that have been in one of 26 European countries in the 14 day period preceding their entry.
- The rule...more
The new coronavirus, SARS-CoV-2, and the disease it causes, COVID-19, have created diverse, complex, and immediate challenges for world governments, multinational businesses, and other international institutions and projects....more
3/10/2020
/ Airports ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Exports ,
Federal Funding ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Manufacturers ,
Medical Supplies ,
Multinationals ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Public Health ,
Risk Assessment ,
Supply Chain ,
Trade Relations ,
Travel Restrictions ,
Travelers
- New DHS regulation mandates use of an electronic H-1B registration system.
- Registration system will be open for only 20 days.
- Employers who win H-1B lottery but then do not file H-1B petitions may be penalized....more
2/18/2020
/ Department of Homeland Security (DHS) ,
Electronic Reporting ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Lottery ,
New Rules ,
Registration Requirement ,
USCIS ,
Visas
• DHS has announced that it has finalized the previously proposed rule on what immigrants are considered a “public charge.” The final rule was published in the Federal Register on August 14th, 2019.
• The rule is effective...more
• On May 16, 2019, President Trump announced broad parameters of an immigration plan to address border security, interior enforcement, asylum policy, modernization of ports of entry and the current immigrant visa or “green...more
• Yesterday, May 2, the United States government allowed implementation of Title III of the Helms-Burton Act, for the first time since the law was enacted in 1996, to permit U.S. nationals to sue persons that “traffic” in...more
5/3/2019
/ Banking Sector ,
Blocked Person ,
Cuba ,
Economic Sanctions ,
Financial Services Industry ,
Foreign Nationals ,
Foreign Relations ,
General Licenses ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Personal Jurisdiction ,
Risk Mitigation ,
Scope of Discovery Requests ,
Statute of Limitations ,
Trafficking ,
Travel Restrictions ,
Treble Damages ,
Trump Administration ,
U.S. Treasury ,
Visa Restrictions
Immigration continues to be a topic of discussion in Washington, and the landscape of immigration law may change, if members of Congress and the Administration can agree on bipartisan solutions. Below you will find a summary...more
3/5/2019
/ Agricultural Workers ,
DACA ,
Department of Homeland Security (DHS) ,
E-Verify ,
Green Cards ,
H-2A ,
Immigration Reform ,
Legislative Agendas ,
OMB ,
Temporary Protected Status ,
Trump Administration ,
Visas